Michael P. Maslanka

Michael P. Maslanka is managing partner of the Dallas office of Constangy, Brooks & Smith. His e-mail address is mmaslanka@constangy.com. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He writes the “Work Matters” column for Texas Lawyer’s In-House Texas publication and records labor and employment podcasts that can be found at www.texaslawyer.com.

March 06, 2012

Buddhist insight for preventing sexual harassment at work

I am interested in how Buddhism informs employment law, so I read with relish "Being Buddha At Work: 108 Ancient Truths on Change, Stress, Money, & Success" by Franz Metcalf and BJ Gallagher. They say the Buddha's teachings can help prevent sexual harassment. First, they note that people must look at their own behavior and ensure it is above reproach. Second, all employees in a company need to understand the letter and the spirit of the laws prohibiting harassment. I recently wrote an anti-harassment policy and included why the policy is important: Those subject to harassment are thwarted in their efforts to fully realize their potential at work. That hurts them, and it hurts the company. The authors echo a similar sentiment, saying the "laws are based on respect for all individuals and the right of people to feel safe where they work. . . . " Finally, they advise that people need to be "bold" in stopping harassment when we see it. That’s good advice. A solid plaintiff's lawyer deposing a manager should ask who is responsible for enforcing the company's anti-harassment policy. An answer not informed by the Buddha would be: "human resources." But a Buddha-based answer would be: "Each of us." As a defense lawyer, give me the second answer — and the attitude it reflects — over the first any day.